Legal Subjectivity:
If the couple has not completed the repayment of the house loan before the divorce, the couple can handle it according to the following two situations*** The couple bought a house with the same loan during divorce To whom belongs. 1. If the couple has not raised money to pay off all the housing loans before the divorce, and has obtained the real estate certificate to decompress the house, the couple can sell the house and divide the money, pay off the money raised, or go through the divorce house property division Transfer the house to one of the spouses. 2. If the loan has not been repaid and the property rights of the house are mortgaged to the bank, it does not belong to the husband and wife for the time being. You and your wife do not have the right to handle the procedures for dividing the property rights of the house. You can write the house division details into the divorce agreement between the husband and wife. , then the divorce agreement between the couple is notarized, and the loan will be paid off later, and the property rights of the house will be divided according to the divorce agreement between the couple. The law is objective:
Article 209 of the "People's Republic of China and Civil Code" The establishment, change, transfer and elimination of real estate property rights shall be effective after being registered in accordance with the law; without registration, they shall not be effective. shall take effect unless otherwise provided by law. The ownership of natural resources that belong to the state according to law does not need to be registered. Article 210 of the "People's Republic of China and Civil Code" Real estate registration shall be handled by the registration agency where the real estate is located. The state implements a unified registration system for real estate. The scope, registration agency and registration methods of unified registration shall be stipulated by laws and administrative regulations. Article 211 of the "People's Republic of China and Civil Code" When a party applies for registration, it shall provide necessary materials such as ownership certificate and real estate address and area according to different registration items.